Casey v. Planned Parenthood

Main finding of Casey (1992)?

Reaffirmed the central holding of Roe v. Wade but significantly altered its approach to abortion

Where did Casey arise from?

A challenged Pennsylvania law that imposed restriction after restriction on abortion access - the favored pro-life strategy at the time, to place as many obstacles as possible between the mother and the abortion clinic

What did Casey uphold?

It upheld most of these provisions, but struck down the requirement for spousal notification - that, the Court ruled, placed an undue burden

What were some restrictions by the Pennsylvanian law

1. Informed consent, which required state-mandated counseling involving practical information concerning abortion, the fetus, and alternatives. 24 Hour wait to then proceed to abort.

2. Parental consent for Minors, which required at least one parent

3. Various report and record-keeping requirements

What was the new legal standard Casey established?

The pre-viability and post-viability distinction. It recognized viability as the point at which a fetus can survive outside the womb as the key threshold for state regulation

Under Casey, states

had expanded authority in regulating abortion before viability, as long as they did not place a “substantial obstacle” in the path of seeking an abortion.

What did Casey ultimately accomplish?

Casey modified but did not overturn Roe, preserving the fundamental right to abortion while granting states more authority for regulation.